The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017

Scottish Statutory Instruments

2017 No. 325

Sea Fisheries

Conservation Of Sea Fish

The Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017

Made

4th October 2017

Laid before the Scottish Parliament

6th October 2017

Coming into force

1st December 2017

The Scottish Ministers make the following Order in exercise of the powers conferred by sections 5(1) and (2), 15(3), 20(1), 22(2)(a) and 22A of the Sea Fish (Conservation) Act 1967(1) and all other powers enabling them to do so.

Citation, commencement and extent S

1.—(1) This Order may be cited as the Prohibition of Fishing with Multiple Trawls (Scotland) Order 2017 and comes into force on 1st December 2017.

(2) Subject to paragraph (3), this Order extends to Scotland and the Scottish zone only.

(3) So far as this Order extends beyond Scotland and the Scottish zone, it does so only as a matter of Scots law.

Commencement Information

I1 Art. 1 in force at 1.12.2017, see art. 1(1)

Interpretation S

2.—(1) In this Order—

[F1 “Regulation 2019/1241” means Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures,]

“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;

“net” means a trawl, seine net or similar towed net; and

“single trawl” means a single net towed by a two warp rig in which the net has a single groundrope bosom.

(2) Expressions in this Order which are not defined in paragraph (1) and which appear in [F2 Regulation 2019/1241] have the same meaning in this Order as they have in the Council Regulation.

Textual Amendments

F1 Words in art. 2(1) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(2)(a)

F2 Words in art. 2(2) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(2)(b)

Commencement Information

I2 Art. 2 in force at 1.12.2017, see art. 1(1)

Prohibition of method of fishing S

3.—(1) This article applies to fishing by—

(a) any Scottish fishing boat wherever it may be; and

(b) any [F3 other] fishing boat within the Scottish zone.

(2) Subject to [F4 paragraphs (3) and (4)], fishing for sea fish with any trawl other than a single trawl is prohibited.

(3) Paragraph (2) does not apply to fishing with two trawls—

(a) by any beam trawler; or

(b) [F5 subject to paragraph (4),] where both trawls have a mesh size of 80 millimetres or more.

[F6 (4) Fishing for redfish with trawls with a mesh size of less than 100 millimetres in the area described in the first sub-paragraph of paragraph 1(1) of Part C of Annex 12 of Regulation 2019/1241 is prohibited.]

Textual Amendments

F3 Word in art. 3(1)(b) substituted (31.12.2020) by Fisheries Act 2020 (c. 22), s. 54(3)(a), Sch. 2 para. 28(2) (with s. 50, Sch. 4 para. 31)

F4 Words in art. 3(2) substituted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(3)(a)

F5 Words in art. 3(3)(b) inserted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(3)(b)

F6 Art. 3(4) inserted (21.12.2020) by The Fisheries (Technical Conservation Measures) (EU Exit) (Scotland) (Amendment etc.) Regulations 2020 (S.S.I. 2020/367), regs. 1(2), 6(3)(c)

Commencement Information

I3 Art. 3 in force at 1.12.2017, see art. 1(1)

Revocation S

4.  The following Orders are revoked—

(a) the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000(2); and

(b) the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2007(3).

Commencement Information

I4 Art. 4 in force at 1.12.2017, see art. 1(1)

FERGUS EWING

A member of the Scottish Government

St Andrew’s House,

Edinburgh

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and re-enacts with amendments the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000, by prohibiting fishing for sea fish with more than one trawl, except in two specified situations. The Order forms part of the law of Scotland only.

The Order provides for stricter measures for the management and conservation of stocks pursuant to Article 46 of Council Regulation (EC) No 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms (“the Council Regulation”) (OJ No L 125, 27.4.98, p.1).

Article 3(2) of the Order prohibits fishing for sea fish with any trawl other than a single trawl. Article 3(1) provides that the prohibition applies to a Scottish fishing boat wherever it may be and to any other British fishing boat within the Scottish zone. Article 3(3)(a) provides that the prohibition does not apply to beam trawlers fishing with two trawls. Article 3(3)(b) provides that the prohibition does not apply to fishing with two trawls where both trawls have a mesh size of 80 millimetres or more.

Article 4 revokes the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Order 2000 and the Prohibition of Fishing with Multiple Trawls (No. 2) (Scotland) Amendment Order 2007.

Any person who contravenes a prohibition imposed by this Order is guilty of an offence under section 5(1) of the Sea Fish (Conservation) Act 1967 (“the Act”). Penalties, which are set out at section 11 of the Act, include a fine not exceeding £50,000 on summary conviction and a fine on conviction on indictment. The court may impose an additional fine not exceeding the value of the fish caught in contravention of the Act or caught with fishing gear that contravened the Act. The court may also order the forfeiture of that fish or fishing gear.

For the purposes of this Order, a British sea-fishery officer has the powers conferred by section 15 of the Act, by Part 7 of the Marine (Scotland) Act 2010 (asp 5) and by sections 35, 36 and 39 of the Aquaculture and Fisheries (Scotland) Act 2013 (asp 7).

The provisions contained in this Order were made in accordance with the procedure set out in Article 46 of the Council Regulation. Article 46 of the Council Regulation authorises Member States to take certain national measures for the conservation and management of local stocks.

(1)

1967 c.84 (“the 1967 Act”); section 5 was amended by the Fisheries Act 1981 (c.29) (“the 1981 Act”), section 22; the Marine and Coastal Access Act 2009 (c.23) (“the 2009 Act”), section 198 and schedule 15, paragraph 3, which extend to Scotland by virtue of the Marine (Scotland) Act 2010 (asp 5) (“the 2010 Act”), section 158(1); and by S.I. 1999/1820, schedule 2, paragraph 43(2)(b). Section 15(3) of the 1967 Act was substituted by the Sea Fisheries Act 1968 (c.77), section 22(5), schedule 1, paragraph 38(3) and amended by the Fishery Limits Act 1976 (c.86), schedule 2, paragraph 16(1) and S.I. 1999/1820. Sections 5, 15(3), 20 and 22(2) of the 1967 Act are modified in relation to Scotland by section 22A(2) ,(6), (10), (11) and (12) of the 1967 Act. Section 22A was inserted by S.I. 1999/1820, schedule 2, paragraph 43(13) and section 22A(6) was substituted by section 159(4) of the 2010 Act. Relevant modifications are contained in S.I. 1999/1748, article 5 and S.I. 1999/1756, articles 3, 5 and 6. Section 22(2) of the 1967 Act, which contains a definition of “the Ministers” for the purposes of relevant powers, was amended by the 1981 Act, sections 19 (2)(d) and (3) and 45 and S.I. 1999/1820.

(2)

S.S.I. 2000/405, as amended by S.S.I. 2007/13.

(3)

S.S.I. 2007/13.